UK CPM PCN for parking visitor's space - County Court Claim

Le_Kirk

make a start on my Skeleton Defence.

I hope you've already submitted your defence! Did you, perchance, mean Skeleton Argument? It isn't compulsory to submit a skellie but it might, in your case help you as you will be coming back to a hearing after some months. A skellie is really a series of bullet points that chart your path through the defence and evidence and acts as an Aide Memoire. It should not be War & Peace.

willber92

Doh! I did indeed mean my Skelton Argument, my defence has been completed, submitted and received.

I'll look into the Skeleton Argument further, my understanding was that it might make it easier on the day rather than having to stand up and get my points across on the spot!

What are your thoughts on my WS?

KeithP

You probably won't need to "stand up on the day".

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

willber92

Thanks for sharing that, it certainly looks less daunting than I'd imagined!

1505grandad

Not known what Defence you filed but the last draft mentioned driver not known - POFA applies:-

Para 10 onwards specifies driver BUT

para 3 - "...........I parked in an unmarked bay at the side of a residential road in the dark,.........." - obviously negates POFA


Statement of truth says "Defence"


Just checking - no "'no proprietary interest'" mentioned in draft so presumably also not in filed document - if it was - no mention in WS.


Include Abuse of Process paras

willber92

Thanks for the advice. Presumably I should just keep everything in 3rd person throughout then and refer to myself as 'the Driver' in the WS as I did in my defence.

Will change the statement of truth...that was a remnant from my Defence document I'd used as a template!

I'll also add in the same abuse of process paragraphs that were in my Defence then.

Coupon-mad

Presumably I should just keep everything in 3rd person throughout then and refer to myself as 'the Driver' in the WS as I did in my defence.

No, that's the opposite of what the NEWBIES thread tells you about witness statements.

willber92

Okay thanks, just got a bit confused whilst writing it as I wasn’t sure if it was okay to basically admit I was the driver at this stage.

Coupon-mad

You should defend from this stage as driver (if you were), if you have something to say about the unclear signs and your defence is decent.

This is so that you don't have to hide behind a 'shifty' defence position that might be exposed at the hearing by a Judge who asks that question: 'were you driving?' and then might mistrust your evidence as you have based your defence on withholding info.

willber92

That makes sense in practice, thanks for the advice, I’ll amend that now, glad to that it feels like it’s on the right track and I can be rid of it for a while soon!